Making College Football’s Postseason Fair, Legal and Ethical While Preserving its Unique Traditions

Abstract

Controversy continues to surround college football bowl games, especially when official championship events became the norm in professionals sports, college sports, end even college football in the lower division levels. The public demand for a “national championship game” led to the formation what is now called the Bowl Championship Series (BCS). The issue is now more than just of fan popularity, but also legality. There are public officials that believe the fact that undefeated teams from smaller universities continue to be excluded from the BCS title game, makes it a violation of the letter, if not the spirit, of the Sherman Anti-Trust Act and that make advertising the BCS Championship Game as a “National Championship” is actually false advertising. The author, who has an educational background that specializes in college football bowl games, attempts to create a solution that preserves college football’s unique bowl tradition and resolves the legal and ethical issues surrounding the BCS.

The Every Bowl Counts (EBC 1-2-3) Plan

The National Collegiate Athletic Association (NCAA) recognizes an official national champion and national championship event in every sport at every level except football in the Football Bowl Subdivision (FBS) of Division One, which is the association’s marquis product, made up of 120 Division One athletic programs.

Bowl games are a college tradition dating back to 1902, ending college football’s regular season long before the National Football League (NFL) existed. In fact, the NFL played its first 12 seasons before having a championship game.

However, in today’s sport culture, fans expect to recognize a champion. An official national champion is recognized in all other levels of college football and every other NCAA sport.

But what has transpired in major college football is a tradition the brings exposure to various communities around the country, allows 34 teams to finish the season with a victory and allows coaches to take 3-4 extra weeks of practice to develop their younger players.

The fact that there is a national champion, albeit unofficial, is touted by those who defend the status quo. “Every week is a playoff,” University of Georgia Head Football Coach Mark Richt once said. Defenders of the status quo say that college football’s regular season is the most exciting in all of sports.

The popular demand for a national championship game was used as justification for the creation of the Bowl Championship Series (BCS), which would allow the teams ranked No. 1 and No. 2 to play each other in a bowl game at the end of the season. The rankings system was based on a combination of the Associated Press (AP) media poll, the USA Today Coaches Poll and several computer-based ranking systems. Eventually, AP backed out of the process and the Harris Interactive poll was used in its place.

The ranking system and other aspects of the bowl culture have proven, over time, that conferences with larger, wealthier athletic programs and teams with a long tradition of successful football have an advantage in this system. Teams that have finished the season undefeated that are from smaller conferences do not have the option of changing conferences unless allowed by the conferences’ current members. Such a system has brought about questions from public officials as to whether this situation is a violation of the spirit, if not the letter, of the Sherman Anti-Trust Act. Often used in cases involving football, the Sherman Anti-Trust act prohibits illegal monopolies that are used to suppress competition.

Bowl committees in the BCS (Rose, Allstate Sugar, FedEx Orange and Tostitos Fiesta) continue to host the “major” bowl games and make a lion’s share of the bowl money, but they collectively award automatic bowl bids to teams that are in the BCS conferences, which could also be interpreted as an illegal trust.

Three teams finished the regular season undefeated in 2009 without getting to play in the BCS “National Championship” game. Two of those teams were not in the aforementioned “major” conferences. Two other teams from outside the “major” conferences finished the regular season undefeated without playing in the BCS Championship game. The participants in the first 12 BCS championship games were all from the “major” conferences: The Big 12, Big East, Big 10, Atlantic Coast, Pacific 10 and Southeastern.

Also, denying undefeated teams a chance to play in the BCS Championship game has led to some critics saying that to promote the event as a “National Championship Game” is actually false advertising.

Public officials as well as fans have been critical of college football in its current state. But the author believes that to preserve the bowl tradition, the significant regular season and the integrity of the national championship process would require some thinking “outside the box.” College football is a unique sport genre and requires a unique approach to change. The process that the author is suggesting is partially inspired by the Major League Baseball All-Star Game as well as the Davis Cup professional team tennis tournament.

Some have suggested that the bowl games be used as venues for playoff games, but that would significantly decrease attendance as fans would be expected to travel on a week’s notice. The NFL does not even have a neutral-site postseason game until the final game, the Super Bowl. Small college football playoffs are structured the same way. Postseason events in other college sports have more than two university teams participating at each site.

Having a playoff outside the bowls would further decrease the interest in bowl games for the neutral fans. But the author believes there is a way to keep the fan interest in bowl games without making all of them into playoff venues.

Hence, the title of the proposal is called “Every Bowl Counts,” also called the “EBC 1-2-3” program.

I. Playoffs

  1. Schedule
    Upon conclusion of the college football bowl season, there will be a four-team playoff tournament sponsored by the National Collegiate Athletic Association (NCAA) for the Division One Football Bowl Subdivision (FBS). The semifinals of the tournament will be held 7-11 days after the conclusion of the Bowl Championship Series (BCS) bowl games. The game now known as the BCS Championship Game will be discontinued.
  2. Participants
    The participants will be the winners of the four BCS bowl games, which will now be known as Playoff Bowl Games.
  3. Location
    The semifinal games will be played at the home stadiums of the higher-ranked teams in the field. The finals will take place at a neutral site.

II. Qualification

  1. For Playoff Bowl Games
    1. Ranking system — A ranking system will be developed to determine the “At-large” invitees to the Playoff Bowl Games and for seeding of the teams participating in such games. This system will be derived from a formula developed using regression analysis to determine the weight of factors that correlate with success in the previous 10 years of NCAA Division One Football Championship Subdivision (FCS) playoffs and Division Two playoffs. Ten years after the beginning of the EBC 1-2-3 program, the formula will be refigured to where it reflects factors contributing to success in the first 10 years of the Division One FBS playoffs.
    2. Automatic qualification — Certain conferences will be selected as “Automatic Qualifiers” each year. In order to obtain such status, teams from a conference must win three non-BCS bowl games, further known as Non-Playoff Bowls, during the previous season. Champions of these conferences will automatically receive an invitation to participate in Playoff Bowl Games.
    3. The Boise State Rule — Any team that is undefeated and has defeated 11 Division One FBS teams during the regular season (including conference championship games) will receive first priority in filling Playoff Bowl positions after the automatic qualifiers have been determined.
    4. Limitation — No conference will be represented by more than two teams in the Playoff Bowl Games.
    5. The ranking system alluded to in section IIA1 will be used to determine which teams fill the remaining positions in the Playoff Bowl Games after the provisions of sections IIA2 and IIA3 have been met.
  2. For Non-Playoff Bowl Games
    1. First-Tier Bowl Eligible Teams will receive first priority when being invited to Non-Playoff Bowl Games. To be classified as a First-Tier Bowl Eligible Team, a team must defeat six Division One FBS teams in its first 12 games of the regular season and finish either
      1. Among the top five in the standings of a non-divided conference (one that does not have a championship game) or
      2. Among the top three in a division of a divided conference (one that does have a championship game).
    2. Second-Tier Bowl eligible teams are ones that defeat six Division One FBS teams but do not meet the other criteria of First-Tier Bowl Eligible Teams. These teams can be invited to Non-Playoff Bowl Games once the First-Tier Bowl Eligible Teams have accepted their bowl invitations.

III. Matchups

  1. For Playoff Bowl Games
    1. Seeds — The system alluded to in Section IIA1 will be used to seed the playoff teams, first through eighth.
    2. Placement — The top four seeds will be assigned to bowl games according to their geographic location. The teams seeded 5-8 will be assigned according to their ranking (No. 1 vs. No. 8, No. 2 vs. No. 7, No. 3 vs. No. 6 and No. 4 vs. No. 5).
  2. For Semifinals
    The winners of the Playoff Bowl Games will be re-seeded, with the No. 1 team playing host to the No. 4 team and the No. 2 team playing host to the No. 3 team.

IV. First-year exception

During the first year of the EBC 1-2-3 program, the seeding process will be used to determine all eight playoff participants. This will keep from the major bowl games from losing their significant in the final season before the EBC 1-2-3 program would begin.

Commentary

The Boise State rule is designed to assure that undefeated teams have an opportunity to play for a national championship. The fact that only two teams will have to play more than one neutral-site game softens travel concerns that would be an issue in a playoff system that every round in a bowl site.

The EBC aspect, where three non-playoff bowl victories in one season gives a conference an automatic playoff bid the following season, would make the games that are now called non-BCS bowls more meaningful than they are now.

The EBC also keeps the major conferences from being “grandfathered in” to the playoff bowl games like they are now in the Bowl Championship Series games. The Tire I playoff rule keeps the larger conferences from “packing” the non-playoff bowls to improve their playoff chances for the following year. Every deserving team will get a postseason bid.

This system actually enhances the significance of 33 of the existing 34 bowl games. And it still preserves the excitement of the regular season. In the NFL you have 32 teams playing 16 games each to see which 12 go to the playoffs. In the National Basketball Association, you have 30 teams playing 82 games each to see which 16 got to the playoffs. In Major League Baseball, you have 30 teams playing 162 games to see which eight go to the playoffs. But, under this system, you have 120 teams playing 12-13 games each to determine which eight go to the playoffs.

Note: Dr. Kelly E. Flanagan is Director of Development at The United States Sports Academy and a member of the faculty since 2005. A student of the college football postseason process, Dr. Flanagan completed his master’s mentorship with the Jeep Aloha Bowl/O’ahu Bowl Doubleheader in 1999 and the Chick-fil-A Peach Bowl in 2002. He also served on the Atlanta Local Organizing Committee for the 2003 NCAA Women’s Basketball Final Four and wrote a dissertation titled “Factors Affecting Institutional Ticket Sales at College Football’s Non-Bowl Championship Series Postseason Events” when completing his Doctor of Sports Management degree at the Academy.

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2017-11-02T13:56:40-05:00January 8th, 2010|Contemporary Sports Issues, Sports Coaching, Sports Management, Sports Studies and Sports Psychology|Comments Off on Making College Football’s Postseason Fair, Legal and Ethical While Preserving its Unique Traditions

A Comparative Study of Governance of Professional Baseball Systems in Japan and Taiwan

Abstract

This paper has provided a basis to outline some key governance features of professional baseball systems both in Japan and Taiwan. It seeks to highlight and compare with the various forms of interactions between actors in these two systems. Associated with this, the paper undertakes a qualitative content analysis method with reviewing and explaining the dynamics in the interactions among three main actors, namely, state, owners of clubs, and players. Four principal conclusions are as follows: first, this case points to evidence that owners of clubs own dominant power while players’ voices are relatively weak; second, it demonstrates how these two states adopt different attitudes to intervene or non-intervene their domestic professional baseball industry in some respects; third, it identifies the most powerful actors in the two systems are Committee Mediation and Committee Board, which represent the extended power of clubs’ owners; finally, the article suggests that the outcomes of interactions between the above actors have shaped the two sporting contexts for managerial decisions, which have made a contribution to a development of their own operating mechanisms.

Key Words

Governance, Power, Japan, Taiwan, Professional Baseball

Introduction

Baseball, having gained assistance from the Americans, established its foundation in Japan and the future of the game in Asia, in 1903. Americans “were embraced easily in Asian societies where Japan played a crucial role in perpetuating and promoting baseball” (Reaves, 2002: 8). Most academics have agreed that the relationship of (professional) baseball development between Japan, Taiwan, and the USA is evident, and such a type of development has manifested a specific ‘chain of supply’ in the global sporting context (cf. Chiba, 2004; Lee & Lin, 2007; Reaves, 2002; Takahashi & Horne, 2004). This claim of such a tendency, related to the development of globalizing baseball, has reflected on a phenomenon in Chiba’s accounts that “the phenomenon of globalization is becoming increasingly important for the professional baseball leagues in the Pacific region and North America” (Chiba, 2004: 207). Today, players from the East Asian countries such as Japan, South Korea, and Taiwan are common and performing with increasing dominance in the professional baseball industry in the United States, especially after 2001. “[Professional] baseball across Asia seems to appear to be the same as the U.S. version and in many ways, the Great American Game has become the Great Japanese Game- at least across Asia” (Reaves, 2002: 2) in general, and East Asia in particular. The game of professional baseball, which deems an obvious link among them, has built bridges from their development, which has been shaped in various forms in terms of management although having the same American origin.

In 1945 Japanese governance was ended and Taiwan has been took over by Taiwan’s government ever since. Fifty years of dominance by Japanese culture has more or less permeated and influenced the development of Taiwanese baseball culture and civil society. Indeed, generations later, Japan’s influence on the game [baseball] remains significant until now…and “what is special about Taiwan baseball is that we followed the Japanese model” (Wilson, 1996: 73). Therefore, some curious issues around this sport have been raised. Within this context, this paper aims to understand the development of the Japanese and Taiwanese professional baseball systems by explaining/comparing such organizations and management under their specific structural contexts. The researchers thus approach their study informed by the above considerations to identify: Who are the most powerful groups of actors who have shaped the professional baseball systems? What strategic goals have they pursued, and what resources were available to these actors given the historical context? What are the principles which guide particular organizations? Whose interests have been served by the development of the professional baseball systems?

The term ‘governance’ has grown in usage in relation to arguments in political science, public policy, international relations, and other areas in recent years. Before, the concept of governance had almost been seen as synonymous with government and related simultaneously to terms of politics, policies, and polity of political systems. As a rising popularity and an increasing expansion of the governance discourse which depicts various applications and meanings are recognized, the booming adoption of governance theory has also been found both at national and international levels in the field of sport (cf. Forster, 2006;Henry, Amara, Liang, & Uchiumi, 2005; Henry & Lee, 2004; Hoye & Cuskelly, 2007; Hums & MacLean, 2004; Michie & Oughton, 2005; Thoma & Chalip, 2003). In this study, Henry and Lee’s (2004) threefold typology of sport governance concepts has adapted to seek to investigate and explain the development of Japanese and Taiwanese professional baseball systems. According to Henry and Lee (2004), these three key sport governance approaches are systemic governance, corporate governance, and political governance.

The main focus in this article is systemic governance, which is concerned with the competition, cooperation, and mutual adjustment between organizations in business and/or policy systems – academic and policy related interest in governance has grown with the increase in complexity of business and policy environments. Most such environments are characterized by the interaction of organizations and of groups working within and across organizations. Sport is no exception here. If we think about the role of media interests, major sponsors, players’ agents, the major clubs and their share holders in professional sport, we see an ever more complex field of activity. Indeed, in the contemporary setting, it is unlikely to think in terms of a national or international governing body as being the sole author of its own sport’s destiny. Various groups of stakeholders such as government officials, owners of clubs etc. are able to negotiate with others and to apply pressure to have their own interests met. Thus the old, hierarchical model of the government of sport, the top-down system, has given way to a complex web of interrelationships between stakeholders in which different groups exert power in different ways and in different contexts by drawing on alliances with other stakeholders. While thinking about the role of governments, owners, clubs, players, spectators, and the wider community in the system, the complexity of this field is evident. This complicated set of relationships is characterized by interactions of organizations and groups, which are working within and across organizations. Thus, we intend to restrict our comments to three such actors, owners of clubs, governments, and players.

Method

To investigate the nature of the strategic context and the explanations/actions of strategic actors, the authors employed qualitative content analysis of textual materials to document its claim to reflect experiences of the phenomena by reference to the collected data. The study, conducted over one year (2007-08) by the first two of the authors, draws on materials from analysis of data, including key government policy documents, academic papers, and media commentaries etc., both in Japan and Taiwan. A review of the literature provides accounts of the two professional baseball contexts since 1990 (the year which CPBL set up) to 2008. Gathering of data helped to map out a picture of the structural context of the two professional baseball systems. In this study, we reviewed 21 academic materials, 24 media articles and 5 government reports. As a result, our research was conducted by secondary data from the above three main documents. Eighty-three commentaries were identified to conduct this research. Table 1 below provides a summary of the key actors identified and the approaches adopted to obtaining data relating to their own commentaries.

Table 1
The Summary of Commentaries of Stakeholders and other Commentators

Government Reports Media Commentaries Academic papers Total
Japan Taiwan Japan Taiwan Japan Taiwan
Owners 1 3 4 8 6 8 30
Governments 3 4 4 7 4 6 28
Players 3 4 4 9 9 11 40
Total 7 11 12 24 19 25 98

Discussion

Owners of Clubs

Generally, the growth and prosperity of organizations are not considered bonanzas for individual actors, but are valuable ends in themselves (Trompenaars & Hampden-Turner, 1997). Owners tend to put the clubs in the promotion department and recognize that the main purpose of possession of the team is to promote the brand of products, outstanding image of enterprise, and good public relations to the mass etc. In Japan for example, Yomiuri Shimbun and Chunichi Shimbun use teams for sale promotions. The Hanshin Electric Railway Co., Ltd and Seibu Group used teams for the tickets’ revenue and urban development along its railway line, and the ORIX Corporation obtained good reputation and credit from its club. However, it has been seen that except for the Yomiuri Giants, the Hanshin Tigers and Hiroshima Toyo Carp, all clubs are operating through a great support, often as much as three billion Japanese Yen or about US$ 25 million, from their parent companies (Nihon Keizai Shimbun, 2004; 2005). A considerable rise in the salaries of players recently is often criticized, but, from the start of the professional league, parent companies still pay the difference as an advertisement (Kobayashi, 2004). Again, this is because there are ‘extra’ recognized benefits which these parent companies expect to obtain from the baseball clubs, even though they are ‘losing’ money by investing in this industry. This is evident in Taiwanese professional baseball systems as well, where most clubs are in a ‘red’ negative profit condition in terms of financial investment.

Besides their value for the purpose of social promotion, another reason for companies keeping clubs is the tax abatement allowed by the government, including some policies of preferential treatment to reward the companies’ investment. For example, in Japan, the National Tax Administration Agency permits the parent companies to enter the cost for the baseball clubs under losses (Kobayashi, 2004). In Taiwan, though professional baseball business is viewed as a commercial activity, the government provides support in kind for this industry, such as no levying entertainment (around 10%) tax on clubs but clubs paying lower Education tax (around 2.5%) from their financial income, gate revenue in particular.

While obtaining ‘benefits’ from the government, on the one hand, owners still have a specific obligation and responsibility to shareholders in terms of transparency and accountability (Henry & Lee, 2004). On the other hand, they also need to meet the interests of those who are involved in the organization in different forms, such as players, supporters, sponsors, and so on. Nevertheless, in Taiwan’s system, owners of clubs are dominant in ‘steering’ [controlling] the operation of the whole network. A Committee Board, composed of representatives of owners, is authorized powerfully far beyond the leagues and is to be responsible for important agreements, (contracts, for instance) of clubs and players. Ironically, as this ‘institution’ is so dominant, the duties of the leagues are thus only policed through setting the agenda of the seasonal games, promoting images of clubs, players, and negotiating related affairs with the government under the requests of this influential committee board.

Comparing Japanese owners’ power with Taiwan’s case shows no difference between these two. For instance, in Japan, although Hiromitsu Ochiai submitted his wage case to arbitration in the end of the 1990 season, it was deemed mainly controlled, more precisely, nullified by the employers’ ‘dominant power’ (Whiting, 2004). Indeed, “A Mediation Committee is composed of three members, the commissioner and the chairman of the Central League and the Pacific League. No one is selected from a third party” (Suzuki, 2000: 2). The above claims have evidently reflected on the owners’ attitude toward the whole system when the well-known owner of the Yomiuri Giants, Tsuneo Watanabe, has stated that “If any players are accompanied by an agent at a table of salary negotiation, I will absolutely cut the salary of that player…” (Suzuki, 2000: 1).

Governments

In Taiwan’s case, the role of national government is to ‘regulate’ contractual frameworks for the industry and to make the benefits of the whole available to all stakeholders. The role of the Sports Affairs Council acts as a public sector lever in order to achieve positive social and economic benefits in the private sector. The government to develop this sport and the capital spending and infrastructural effects of the merger, for example, were evident (Lin, 2003). The baseball stadia, planned or under construction, are designed not only for baseball tournaments, which include international, domestic, and professional baseball games, but also to develop local prestige (culture). They serve as well to promote economic activities with cooperation between the central and local governments (Sports Affairs Council, 2004). The implementation of these programs sought to be mutually beneficial for both the public and the private sectors. However, the provision of a stimulus for capital spending on new and rejuvenated sporting facilities and improvements raised some questions which were concerned with who really benefited most from such spending. Also, did they really meet the criteria of the government’s initial reasons for promoting such policies? The state, though an actor within the Taiwanese sporting system in terms of having the most resources of income (taxation), personnel, information, and if necessary force of law, sought to ‘influence and steer’ but not to directly ‘control’ the professional sports’ field. For instance, as all the players have signed contracts with the clubs which were fully controlled by the owners, it is likely that the players’ voice has been getting lower in order to secure their jobs (Hsien, 2007). Despite the government being responsible for protecting her citizens’ civil rights, such as work, life, freedom of moving etc. according to the Constitution, nonetheless, the professional baseball business is recognized as a commercial activity by the government, which has been used to keep this industry open and free under the rule of the market mechanism. The existence of commercial contracts agreed by both the clubs’ owners and players simply reflects this concern where the government (public sector) was not seeking to be involved and thus avoiding inviting criticism over government intervention from the private sector.

Interestingly, Taiwan’s government acknowledges that baseball had contributed much, not only to the achievements of its political purposes such as enhancing national prestige, aiding international diplomacy, but also to economic goals such as reducing unemployment and expanding business opportunities (Lin, 2003). Thus, attempts at rejuvenating Taiwan’s baseball community and promoting future development of Taiwanese sports after the 1997 professional baseball gambling scandal were evident and thus brought the state, the sporting governing bodies, and the commercial sector together in coping with this issue. A concern raised here was that the ‘cooperation’ of combating this crisis among actors had invited the government to ‘intervene’ in this sport. Subsequently, the hosting of the 2001 Baseball World Cup (BWC) had further provided this government with a basis to be involved in [professional] baseball matters, and the success of the 2001 BWC had greatly inspired the government to promote and complete the merger between the two Taiwanese professional baseball leagues (CPBL and TML) in the 2001-03 period.

Although having shared ‘similar attitudes’ toward recognizing the behavior of the professional baseball industry as a commercial activity both by Japan’s and Taiwan’s governments, to some extent, these two governments have dealt with matters related to this business in different ways. In Japan, as central government recognizes the importance of promoting sport policies, the Ministry of Education, Culture, Sports, Science and Technology established the Basic Plan for the Promotion of Sports in 1999 (Ministry of Education, Culture, Sports, Science and Technology, 1999). In this plan and other government reports, it is apparent that central government was concerned with Japan’s performance in world competitive sports and emphasized the necessity of launching sports developing programs for citizens from kids to top athletes (Ministry of Education, Culture, Sports, Science and Technology, 2006). Unfortunately, these reports are unable to embrace or consider relevant affairs of particular sports in which the professional baseball industry was also included. Though lacking government ‘full attentiveness’, national tax agency in Japan had promoted the provision of tax abatement for professional baseball since some decades ago (National Tax Agency Japan, 1954). Having an understanding of the government’s attitude toward to professional baseball, in the first strike case of NPB’s players in 2004, it is clear that interactions (negotiation) for tackling this crisis between owners, players, media, and even fans was evident. One could see the Minister of Education, Culture, Sports, Science and Technology merely held a press conference which mentioned the hope to avoid the strike (Kyodo, 2004). Another good example is that, since the 1990s, Japanese companies were struggling with economic recession, which has forced these companies to reform their business structures in which the business of professional baseball was thus influenced and changed. Companies such as Kintetsu Corporation and Daiei disbanded their teams, which led to Softbank Group and Rakuten buying team companies, and Murakami Fund began a merger and acquisition for the owners’ companies. Again, for these issues, the Japanese government ‘totally respected’ the operating mechanism of a free market and didn’t intervene in the professional baseball industry. Governments at local levels are also indecisive whether to invest for the professional baseball teams. For example, Miyagi prefecture and Sendai City rejected subsidizing to rebuild the stadium because of the demands from team companies which have reflected on Kobayashi’s claim that it is improper for the government to subsidize the NPB teams in terms of promoting [professional] baseball (Kobayashi, 2004). Nevertheless Japanese central government introduced a new public management program called Shiteikanrisha-Seido in 2003 because of the administrative reform. It was not for the aid of the professional baseball industry. As a result, in Miyagi prefecture and Chiba prefecture, the right of managing the stadia, which were controlled by local governments, has been transferred from the public sector to the NPB’s teams. By these contracts, clubs of Rakuten Golden Eagles and Chiba Lotte Marines have made it possible to gain revenues by managing commercial activities of the stadia. Thus, the relationship to bridge the local governments and NPB’s teams is significant when managing such a professional baseball business.

Players

Considering players’ rights in these two systems, one major function of their associations is to be able to apply pressure to meet their own interests. In Taiwan, an ‘occasional’ player association appeared shortly in 1994, however, ‘keeping silent’ became the best policy for players because of the recession of the professional sport market later. The Association is now recognized as informal and perhaps only one function—emergency aid—exists. In Japan, the Japanese Professional Baseball Players Association (JPBPA) was established in 1985, nevertheless, “neither antitrust related lawsuits nor labor related lawsuits have been filed against the owners, because the JPBPA is so weak and players know they will be black-listed unless they obey the owners’ decision” (Suzuki, 2000: 1). To some degree, professional baseball players in Japan and Taiwan consider it important to be loyal to the club owners instead of having an emphasis of individual rights. Therefore one can have an unsurprising example when famous pitcher Hideo Nomo decided to undertake a loophole in the tradition Japanese professional baseball rules that enabled him to circumvent free-agent regulations in 1995. He became fed up with the traditional constraints of group loyalty and being greatly criticized by fans, in which Japan’s media termed him a ‘troublemaker’ and even a ‘traitor’ (Whiting, 2001). Therefore, it has been rare for players to attempt to file a lawsuit against their owners in Taiwan as well as in Japan, except in the occurrence of the 2004 striking case in Japan. Nevertheless, the situation has changed as we can see players such as Hideki Matsui and Daisuke Matsuzaka participate in the MLB in recent years while seeking to achieve their personal ‘interests and dreams’. In addition to players’ own considerations, the worsening financial difficulties of clubs’ sponsoring corporations (Seibu for example) also lead the migration (sale) of players to the MLB. The most famous pitcher of NPB, Daisuke Matsuzaka, who joined the MLB in 2007, can serve as an example in which the Seibu Corporation received US$ 51 Million paid by the Boston Red Sox.

In Taiwan’s professional baseball system, another issue that emerged concerned the draft system in which players could only ‘voluntarily’ join their preferred clubs by the system outwardly, which used to be organized by the leagues but was actually controlled by the owners(Chen, Chen & Hsu, 2008). Consequently, it has been seen that negotiations of players’ draft picking proceeded with a lack of considering views from player, supporter, etc. Hence, players and supporters are insufficiently influential to negotiate with other stakeholders. For this issue, the government has sought to urge the leagues to establish a sound and fair system to recruit players (Sports Affairs Council, 2000), which was designed to promote the competency and the uncertainty of outcomes between clubs’ games. Unfortunately, this action met with little success since clubs always have their own considerations. Actually, promotion [improvement] of Taiwan’s specific draft system has been considered by the clubs and the league recently. Nevertheless, in comparison with professional baseball leagues either in the USA or Japan, Taiwan has a long way to go to promote its own system in issues, for example, of arbitration, free agency, unions, and so on. In Japan, despite the fact of having a more ‘advanced and sound’ operating mechanism in the professional baseball system than Taiwan, the NPB players’ rights are still far behind the players in MLB. For instance, in 1993, a free agency system had been promoted; however, there were limitations existing that have hindered players’ mobility, such as the fact that players were unable to be free agents after nine years of service in the first club (Suzuki, 2000). Meanwhile, before the period of obtaining the right of free agency, if players intend to develop [continue] their careers in MLB, they have to get through a termed posting system which disallows a player choosing clubs, even if he has already been awarded offers by other clubs. Therefore, only the clubs have the rights to make decisions for players to select or refuse offers from the MLB clubs (Suzuki, 2000). In this sense, the development of the Japanese professional baseball system has its necessity to improve in general, players’ rights in particular. Having given explanations and analysis of power relationships, interactions of the three actors namely, owners of clubs, governments, and players. Table 2 below helps highlight the key governance features of the two professional baseball systems in terms of roles’ power of various stakeholders.

Table 2
Key Governance Features of the Two Professional Baseball Systems

Japan Taiwan
Role of governments
Weak-Mixed

State non-intervention except the provision of tax abatement.
Strong-Mixed

State defines professional baseball as a ‘corporate business’ within a free market, which should not be interfered with. However, state constructs and maintains stadia, and promotes developing programs through school system.
Role of owners of clubs
Strong

Leagues and clubs are mainly controlled by the employers’ ‘dominant power’.
Strong

A Committee Board, composed of representatives of owners, has authority over the operation of the leagues.
Role of players
Weak-Mixed

Though having a gradually ‘advanced and sound’ operating mechanism, the NPB players’ rights are still behind the players in MLB.
Weak

Players’ voices are weak and tended to be ignored by clubs. Issues such as Regulations of Arbitration, Free Agency, Player Association etc. have being ignored.
Most powerful actors A Mediation Committee is composed of three members. The Committee Board is composed of representatives of clubs.

Conclusion

In this case of identifying governance features of the two professional baseball systems, which have shaped the thrust and pace of the developmental strategies in the Japan’s and Taiwan’s structural contexts, the Japanese and Taiwanese models would seem to imply a two-fold structuring of the contemporary systems. Both of the two professional sport systems, though under the global pressures, have developed their operating mechanism where it has given way to specific management in some ways.

This study illustrates that various actors behaved in order to achieve strategic goals. In Taiwan, the state, though incorporating the most powerful set of actors within its sporting system, with access to financial resources, personnel, information, and if necessary force of law, sought to steer rather than demand its preferred outcome. The state still plays an influential role in the professional baseball system (e.g. the 2003 merger issue between the two leagues) though identifying it as a free commercial activity, in which any kinds of intervention may not be favored. The Japanese case is a different story from Taiwan since its government intends to have non-intervention except for the provision of tax abatement.

Owners of these two systems stand in a stronger bargaining position in most aspects. The current process of governance still represents a buyer’s market in which players’ powers are limited because of their lack of access to strategic resources to affect outcomes. Nevertheless, the Japanese system has gradually been improving to be more ‘open and completed’ and players’ rights are more considered and respected in comparison with Taiwan’s case. Additionally, the Mediation Committee in Japan and the Committee Board in Taiwan were recognized as the two most powerful actors and believed to represent the ‘extended forces’ of professional baseball clubs. Under the ‘guidance’ of these two Committees, the two leagues (NPB, CPBL) have administrative responsibilities, but with no real power. They simply play less important roles in their systems.

Finally, it suggests that various countries have their local environments (conditions), which are consonant with their particular social values. As a result, a successful professional sport management should be able to reflect national characteristics and be consistent with a country’s cultural values in the globalized context. Indeed, [professional] baseball is recognized as a public good, produced and owned by a wider set of publics which include clubs, players, supporters, spectators, and the wider community. Having given a contribution to identifying some key characteristic features of Japan’s and Taiwan’s professional baseball systems, in order to obtain the sustainable development of these two systems, it is suggested that all those possible investing resources and those of the community need to be served.

Ping-Chao Lee (First and Corresponding author)
Department of Physical Education, National Taichung University, Taiwan
Address: 140, Min-Shen Road, Taichung City (403), Taiwan
Phone: +886-4-22183013
Fax: +886-4-22183410
E-mail: p.c.lee@ntcu.edu.tw

Yoshio Takahashi
Institute of Health and Sport Sciences, University of Tsukuba, Japan
Address: 1-1-1 Tennodai, Tsukuba-Shi, Ibaraki-Ken 305-8574, Japan
E-mail: yoshi@taiiku.tsukuba.ac.jp

Chien-Yu Lin
Graduate Institute of Sports and Health Management, National Chung Hsing University, Taiwan
Address: 250, Kuo-Kuang Road, Taichung City (402), Taiwan
E-mail: cylin1349@nchu.edu.tw

Koh Sasaki
The Research Center of Health, Physical fitness and Sports, Nagoya University, Japan
Address: Furo-Cho, Chikusa-Ku, Nagoya City, 464-8601, Japan
E-mail: sasaki@htc.nagoya-u.ac.jp

References

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Chiba, N. (2004). Pacific professional baseball leagues and migratory patterns and trends (1995-1999). Journal of Sport and Social Issues, 28 (2), 193-211.

Forster, J. (2006). Global sports organizations and their governance. Corporate Governance, 6(1), 72-83.

Guttmann, A. & Thompson, L. (2001). Japanese sports: A history. Honolulu: University of Hawaii Press.

Henry, I. P., Amara, M., Liang, J. & Uchiumi, K. (2005). The governance of professional soccer: Five case studies- Algeria, China, England, France and Japan. European Journal of Sport Science, 5 (4), 189-206.

Hsien, M. C. (2007). A study on professional baseball player’s contract and relevant system-focusing on CPBL players contract and League Constitution-and-Bylaws, Unpublished Master Dissertation, Chung Yuan Christian University, Taoyuan. (In Chinese.)

Henry, I. P. & Lee, P. C. (2004). Governance and ethics in sport, in: J. Beech & S. Chadwick (Eds.), The business of sport management. Essex: Pearson Education.

Hoye, R. & Cuskelly, G. (2007). Sport governance. Oxford: Elsevier.

Hums, M. A. & MacLean, J. (2004). Governance and policy in sport organizations. Scottsdale, Arizona: Holcomb Hathaway.

Kyodo News. (2004). Minister of Education, Culture, Sports, Science and Technology has promised to consider to change the Articles of NPB and requested the avoidance of the strike, Retrieved December 18 2006, from Yahoo Website http://sportsnavi.yahoo.co.jp/baseball/npb/headlines/20040922-00000041-kyodo_sp-spo (In Japanese.)

Kobayashi, I. (2004). Merger, selling, new entry: Just, but, professional baseball. Tokyo: Takarajimasha, Inc. (In Japanese.)

Lee, P. C. & Lin, C. Y. (2007). The global flows of international professional baseball system. The Sport Journal, 10 (4), (On-line Journal) Available at: http://www.thesportjournal.org/2007Journal/Vol10-No4/

Lin, C. Y. (2003). Taiwan sport: The interrelationship between sport and politics through three successive political regimes using baseball as an example, Unpublished Ph.D. Dissertation, Brighton University, Brighton.

Michie, J. & Oughton, C. (2005). The corporate governance of professional football clubs in England. Corporate Governance: An International Review, 13 (4), 517-531.

Ministry of Education, Culture, Sports, Science and Technology. (1999). Basic plan for the promotion of sports, Retrieved February 18, 2007, from Ministry of Education, Culture, Sports, Science and Technology Website http://www.mext.go.jp/english/news/2000/09/000949.htm

Ministry of Education, Culture, Sports, Science and Technology. (2006). Toward the top of the world – competitive sport in Japan. Tokyo: MEXT. (In Japanese.)

National Tax Agency. (1954). Operation for the advertisement fee paying to the professional baseball corporation, Tokyo, National Tax Agency. (In Japanese.)

Nihon Keizai Shimbun. (2004). A cloud is hanging over the NPB market, P.9, 24th July. (In Japanese.)

Nihon Keizai Shimbun. (2005). Teams of the Pacific League changed the management of NPB, P.41, 15th December. (In Japanese.)

Reaves, J. A. (2002). Taking in a game: A history of baseball in Asia, Lincoln and London, University of Nebrasks Press.

Sports Affairs Council. (2000). The proceeding in the development of professional baseball. Taipei: Sports Affairs Council. (In Chinese.)

Sports Affairs Council. (2004). The 2003 annual report of the National Council on Physical Fitness and Sports major administration plan. Taipei: Sports Affairs Council. (In Chinese.)

Suzuki, T. (2000). The exploitation of professional baseball players in Japan, Retrieved July 13, 2006, from Socio- Historical Foundation of Sport Sports 661 Website http://www.admsports.com/html/column/academics/eopbp.pdf

Takahashi, Y. & Horne, J. (2004). Internationalization and sports talent migration: A case study of baseball and football players moving from Japan to other Asian countries. International Journal of Asian society for Physical Education and Sport, 2, 49-52.

Trompenaars, F. & Hampden-Turner, C. (1997). Riding the waves of culture: Understanding cultural diversity in business. London: Nicholas Brealey.

Thoma, J. E. & Chalip, L. (2003). Sport governance in the global community. Morgantown: Fitness Information Technology.

Whiting, R. (2001). Batting out of their league: Thanks to an archaic ownership system, Japanese baseball is losing its best players, its fans and its soul. Retrieved December 14 2006, from Time Asia Website http://www.time.com/time/asia/features/japan_view/baseball.html

Whiting, R. (2004). The meaning of Ichiro: The new wave from Japan and the transformation of our national pastime. New York: Warner Books.

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2015-02-12T11:35:10-06:00January 8th, 2010|Contemporary Sports Issues, Sports Management, Sports Studies and Sports Psychology|Comments Off on A Comparative Study of Governance of Professional Baseball Systems in Japan and Taiwan

Do BCS Schools Have an Advantage over Non-BCS schools in APR Rankings? An Early Examination

Abstract

This paper will examine academics and athletics. In particular it will review the NCAA’s newest academic measuring tool, the Academic Progress Report. The APR was the NCAA’s response to calls for academic integrity. It is intended to ensure eligibility for student-athletes and to serve as a check and balance on athletic departments. The scores are meant to provide institutions with a clear set of goals for each team and to set a higher priority on academics in collegiate athletic departments. We will try and answer the question: Do BSC schools have an advantage over non-BCS schools in APR rankings?
(more…)

2016-10-20T14:15:38-05:00October 5th, 2009|Contemporary Sports Issues, Sports Facilities, Sports Management|Comments Off on Do BCS Schools Have an Advantage over Non-BCS schools in APR Rankings? An Early Examination

The Perceived Role of Senior Women Administrators in NCAA Division I Institutions

Abstract

The Senior Woman Administrator (SWA), originally named the Primary Woman Administrator (PWA), is a role designed to return to women a voice in the operations of intercollegiate athletic departments that was lost as a result of the takeover of the AIAW by the NCAA. The purpose of this study was to examine the role of the SWA as it exists today and as it could become in the future. The Senior Woman Administrator Survey was developed and administered to all NCAA Division I SWAs. Senior Woman Administrators overwhelmingly disagreed with the statement suggesting they have been given responsibilities that are appropriate for their job. Further, in order for SWAs to have authority that is more than advisory in nature, they must have final decision making authority in budget and personnel. Finally, SWAs indicated that their primary functions were advocating for women’s athletics, gender equity, and serving as a role model.

Introduction

Women’s intercollegiate athletics was built on the foundation of physical education programs for female students. Athletics for women was governed and administered by female physical education teachers and coaches. In the beginning, women’s athletics programs were operated with an educational philosophy emphasizing participation over competition. Demand began to rise for more competitive women’s athletics and a governing agency to ensure appropriate administration. This demand resulted in the creation of the Association for Intercollegiate Athletics for Women (AIAW). The AIAW began forming in the late 1960s, became fully functional in 1971, and was in control of women’s athletics by the summer of 1972 (Hult, 1994; Hult in Hult & Trekell, 1991).

The educational focus of the AIAW is well documented. The Association’s leadership was intent on maintaining a “student-centered, education-oriented model” (Hult in Hult & Trekell, 1991). The first significant attack on this unique model of intercollegiate athletics came with the Kellmeyer case in 1973. This class action lawsuit was filed by a group of tennis players and their coaches challenging the AIAW’s ban on offering athletic scholarships. The leadership within the AIAW reluctantly admitted defeat and permitted member institutions to provide athletic scholarships to female student-athletes. The Kellmeyer case is recognized as one of the Association’s first steps in moving away from its original focus on education and moving toward the more commercialized model of intercollegiate athletics used by the National Collegiate Athletic Association (NCAA) (Hult in Hult & Trekell, 1991; Wu, 1999, 2000).

Title IX of the Education Amendments, which passed in 1972 and banned discrimination at educational institutions that received federal funds, led to reforms that made athletic opportunities for male and female students more equitable. This new legislation brought explosive growth in participation by female athletes (Hult, 1994). Title IX introduced a new standard in that opportunities for female athletes were now being compared to opportunities for male athletes in terms of the quantity and quality of the opportunities. Women sought equitable participation opportunities as well as equitable support in scholarships, benefits, and services. As opportunities within women’s sports continued to increase, the governing body for men’s athletics, the NCAA, saw both an opportunity and a threat. An opportunity in that the NCAA anticipated that, with the implementation of Title IX, women’s athletics was going to be significantly funded, and thus, discussion began within the NCAA to include women within the organization (Hult in Hult & Trekell, 2001). A threat in that the NCAA was concerned that the resources needed to support women’s programs would be redirected from the men’s programs. In an attempt to manage both situations, the NCAA made plans to offer championships for women and to eventually take over the AIAW. In 1981, women’s basketball championships were offered for women by the AIAW, the NAIA, and the NCAA (Trekell & Hult, 1991). The NCAA takeover of the AIAW in 1982 eventually resulted in the consolidation of men’s and women’s intercollegiate athletic programs, which left many female administrators and coaches of women’s programs without jobs or in secondary positions (Hult, 1994). The most devastating aspect of the demise of the AIAW was that within the AIAW, women controlled 90 percent of the programs. Within the NCAA membership, women were part of an organization where 95 percent of the voting representatives were male and knew little if anything about the philosophies of the AIAW (Grant, 1989). According to Uhlir (1987) “by 1979-1980, over 80 percent of all collegiate athletic administrations were merged, and 90 percent of the merged administrations had men at the helm. Frequently, the woman displaced was more qualified—with more experience, a higher degree, academic rank, and tenure.” With the loss of jobs or the relegation to secondary positions, women lost decision-making opportunities at the campus level as well as representation at national conventions, and these opportunities have never been recovered (Acosta & Carpenter, 2002).

The role of Senior Woman Administrator (SWA), initially called the Primary Woman Administrator (PWA), was designed to return to women the administrative opportunities they had lost and to ensure that women had a voice in the administration of intercollegiate athletic programs (Hult, 1994; National Collegiate Athletic Association, 2002). Today, considerable effort is still aimed at understanding the role of SWA for those who are already in, or who aspire to fill, senior administrative roles in athletic programs because of the changes that have occurred since the AIAW-NCAA consolidation in 1982 (Copeland, 2005; Hosick, 2005). In order for SWAs to be effective administrators, their role must be clearly understood, and they must have adequate levels of influence on administrative strategies and courses of action within athletic departments not just on issues related to gender equity and women’s sports (Gill-Fisher, 1998; National Collegiate Athletic Association, 1994; Watson, 1994). When an SWA is excluded from discussions beyond gender equity, compliance, or academic advising, the role of the SWA is limited and the entire athletics department is deprived of the insight this person can provide to enhance the experiences of all.

Until the role of the SWA is clearly understood, both the SWA and her constituents will continue to be frustrated with the results of her leadership. Unless action is taken to remedy less than desirable situations, the results will have little impact (Watson, 1994). It is hoped that athletic administrators will utilize this study in examining the role of the SWA on their campuses and assist this person in contributing more fully to the overall administration of the athletic program, thus making the SWA a viable and integral member of the athletic department and campus leadership.

The purpose of this study is to examine the role of the Senior Woman Administrator as it currently exists and as it could become in the future in order to make recommendations for a more clearly understood and utilized role. In order to accomplish this, answers to the following research questions were sought: (1) Do SWAs perceive that they are being given appropriate responsibilities for their role? (2) Do SWAs perceive that they have decision-making power in budgeting? and (3) What is the SWA’s role in the advancement of women in athletics?

Method

Participants and Procedure

All NCAA Division I Senior Woman Administrators (SWA) were surveyed. Each member institution within the NCAA Division I is required to list a Senior Woman Administrator on the NCAA Institutional Representatives Form that is completed annually by the athletic department (D. Oberhelman, personal communication, July 2002). In addition to the SWA, each institution’s CEO (Chief Executive Officer), AD (Athletics Director), FAR (Faculty Athletic Representative), and Compliance Coordinator is listed on this form (D. Oberhelman, personal communication, July 2002). SWA addresses were obtained from The National Directory of College Athletics, an official publication of the National Association of Collegiate Directors of Athletics (National Association of Collegiate Directors of Athletics, 2002). Envelopes were addressed generically to the Senior Woman Administrator. Each NCAA Division I institution should have identified an SWA on their NCAA Institutional Representatives Form and, therefore, has already designated someone to receive mail addressed in this manner (D. Oberhelman, personal communication, July 2002). Survey packets were sent to all SWAs in NCAA Division I and included a letter of introduction, the coded Senior Woman Administrator Survey, and a postage-paid, return envelope. Surveys were coded only for the purpose of tracking responses to prevent reminder postcards from being sent to those who had already returned surveys. For those who had not returned surveys, a follow-up postcard was sent 18 days after the survey packets were sent.

Materials

The data collection instrument used in this study was the “Senior Woman Administrator Survey” developed through literature review, a related survey conducted by the NCAA, and interview responses gathered from three SWAs in NCAA Division I institutions in the southeast. In 1994, the NCAA’s Committee on Women’s Athletics used a similar survey. Selected items from the NCAA Survey were used with permission. The Senior Woman Administrator Survey included items designed to assess the perceptions of the SWA and her role in the athletic department.

In developing the Senior Woman Administrator Survey, interview responses were gathered from three SWAs at NCAA Division I institutions. Interview items were divided into the following sections: Demographics, Perceived Leadership Style, Relationships within Athletic Department, and Conclusion. The interview questions were open-ended in nature and the approved protocol allowed for probing questions as appropriate. Interview responses were transcribed. Responses found to be consistent among subjects or very unique in nature were then used to formulate survey items.

The Senior Woman Administrator Survey consists of three parts: Part I: Demographic Profile, Part II: Position/Institutional Profile, and Part III: SWA Perceptions. Part I: Demographic Profile included questions regarding sex, race, education level, and professional experience. Part II: Position/Institutional Profile included questions designed to describe the SWA’s role at the institution as well as provide information about the institution. Part III: SWA Perceptions was designed to assess the SWA’s perceptions of her role within the athletic department including the areas of appropriate responsibilities, authority, decision-making, leadership, value to the athletic department, and job satisfaction.

Face validity of the instrument was evaluated by a panel of experts consisting of one NCAA Division I SWA, one NCAA Division I Compliance Coordinator, and one Associate Professor of Coaching and Sport Administration. After the face validity test, minor adjustments were made to the survey. Internal consistency was determined by administering the survey to 28 NCAA Division II SWAs in the southeast. Chronbach’s alpha was used to assess internal consistency and eliminate any items with low item-total correlation. Using Chronbach’s alpha, the internal consistency was determined to be .96. No items were eliminated from the survey.

Following the initial mailing to all NCAA Division I institutions and an 18 day follow-up postcard, 150 (46%) usable surveys were returned. An analysis of the data was conducted as follows: (a) Demographic Profile Information responses and Position/Institutional Profile responses were analyzed through the use of descriptive statistics with frequencies and percentages of responses tabulated for each item and each alternative within each item, (b) Senior Woman Administrator Perception responses were analyzed through the use of inferential statistics with frequencies and percentages for responses in each category being compared to determine if observed differences were statistically significant at the p < .05 level, and (c) Responses regarding the perceived role of the SWA within the athletic department including the areas of appropriate responsibilities, authority, decision-making, leadership, value to the athletic department and job satisfaction were analyzed through the use of descriptive statistics with frequencies and percentages of responses tabulated for each item and each alternative within each item. Responses were indicated on a Likert-type scale with the following scores: 1: Strongly Disagree, 2: Disagree, 3: Somewhat Disagree, 4: Somewhat Agree, 5: Agree, and 6: Strongly Agree.

Results and Discussion

Appropriate Responsibilities

In response to the statement, “I have been given responsibilities that are not appropriate for my job,” 73.9% disagreed at some level with this statement. Table 1 shows the responses to this item.
SWAs overwhelmingly disagreed with the statement suggesting that they have been given responsibilities that are appropriate for their role. In the development of the Senior Woman Administrator Survey, interviews were conducted to assist in survey construction. One interviewee suggested that “whenever it was time to plan a party, I was asked to plan it.” Overall, the responses to this item indicate that progress has been made in accepting the SWA into the fraternity of athletic administration. It is also important to note that responses were received primarily from SWAs at Football Bowl Subdivision (formerly Division IA) institutions. These are the premiere institutions in the country, and they may have been the most diligent in developing the role of the SWA at their institutions.

Budget Decisions

In response to the statement, “I have final decision-making authority on budgetary decisions,” 61.0% of SWAs disagreed at some level with this statement. Table 2 shows the responses to this item.

In order for the SWA to have authority that is more than advisory in nature, she must have final, decision-making authority in the area of budgetary decisions. This finding is consistent with Claussen and Lehr (2002) who determined that, “SWAs possess only advisory authority for most functions analyzed.” For example, if the coach of a sport reports to the SWA and the SWA has denied a request for money to be allocated in a particular way, the coach should not be able to approach another athletic administrator and be granted his or her request. Furthermore, the SWA should have access to the paperwork that is submitted confirming that the money requested was spent as permission was given. For example, if a coach is told that he or she is not permitted to take the team to a movie on a road trip, the SWA should have access to the voucher submitted by the coach upon their return to confirm that the coach did not take the team to a movie. Unless the SWA is given the authority to grant and deny permission for spending coupled with the access to accountability methods, greater opportunity exists for her authority to be subverted.

Advancement of Women in Athletics

SWAs indicated that, for the most part, their primary functions should include functioning as an advocate for women’s athletics (n=128), gender equity (n=116), and serving as a role model (n=109), Table 3.

It is interesting to note that these primary functions do not necessarily cross over into the overall administrative strategies of athletic departments. Not minimizing the importance of the advocacy functions indicated, but it is the crossover into the overall scheme that women are looking for in the position of the SWA, “a female voice at the table, many times the only female voice,…providing a diverse, different view—a different perspective” (Stallman cited in Copeland, 2005). Claussen and Lehr (2002) found that SWAs had little decision making authority in marketing, development, promotions, and sponsorships, thus, limiting the scope of their involvement. As reported by McKindra (2009), a recent study conducted by the NCAA indicates an 8.2 percent increase the number of women serving in administrative positions. The increases have come in the positions of business manager, graduate assistant, academic advisor, and administrative assistant (McKindra, 2009). While the recent increases in women administrators seems to provide cause for celebration, a close look at these positions reveals advances in positions that do not cross over into the overall administration of the athletic department. Further, serving as an advocate for women is not enough, and when an SWA’s role is limited to advocacy then that individual’s impact on the overall administration of athletics programs is reduced (Copeland, 2005). If SWAs see their role as primarily dealing with women and their issues, then it will be difficult to persuade others that they need access to the other operations of the athletic department (Gill-Fisher, 1998).

Conclusions

The position of Senior Woman Administrator (SWA) was designed to include women in the administration of intercollegiate athletics, an opportunity that was lost for many as a result of the AIAW-NCAA consolidation (Hult, 1994; National Collegiate Athletic Association, 2002a). Overall, SWAs seem to be satisfied with the contributions they are making to their respective athletic departments, yet there still exists today some ambiguity regarding the role and function of SWAs. Those who are already in, or who aspire to fill, senior administrative roles in athletic programs may have a clear understanding of the role and function of the SWA as it is intended, but those working with the SWA, including coaches, athletic administrators, and university administrators are often unclear as to the role and function of the SWA.

In order for SWAs to be effective administrators, their role must be clearly understood. In addition, they must have adequate levels of influence on administrative strategies and courses of action within athletic departments, not just on issues related to women’s athletics (Gill-Fisher, 1998; National Collegiate Athletic Association, 1994; Watson, 1994). When SWAs are given authority in particular areas, i.e., budget issues, they need to be given access to the tools for accountability. Further study should examine whether or not the experience gained while serving in the role of SWA is adequate to advance the careers of these athletic administrators into positions of higher rank or authority or if the persons who fill the role of SWA are seen only as advocates for women’s athletics.

In order to gain a more accurate picture of the role of the SWA as it exists and as it could become at NCAA Division I institutions, continued research needs to be conducted on the perceptions of the SWA by members of the athletic department and other campus administrators regarding the role of the SWA on their campuses. Further, the women who fill the role of SWA need to consistently seek opportunities for involvement in all facets of the athletic department, not just issues related to female student-athletes, and in other aspects of campus leadership. As the NCAA and the member institutions seek to more clearly understand and utilize the role of the SWA at all divisions, those institutions which have effectively integrated the role of the SWA into the campus leadership should make recommendations for best practices in these areas.

Tables

Table 1

SWA Perceptions of Responsibilities Given Not Appropriate for Their Job

Responses                               Frequency                   Percent                        Cumulative Percent

Strongly Disagree                   37                                25.3                   25.3
Disagree                                  51                                34.9                   60.2
Somewhat Disagree                20                                13.7                   73.9
Somewhat Agree                    20                                13.7                   87.6
Agree                                        9                                  6.2                   93.8
Strongly Agree                          5                                  3.5                   97.3

No Response                             4                                  2.7                 100.0

 

Table 2

SWA Perceptions of Decision-Making Power in Budgeting                                                   

Responses                               Frequency                   Percentage       Cumulative Percent

Strongly Disagree                   26                                17.8                 17.8    
Disagree                                  42                                28.8                 46.6
Somewhat Disagree                21                                14.4                 61.0    
Somewhat Agree                    27                                18.5                 79.5
Agree                                      24                                16.4                 95.9
Strongly Agree                          4                                  2.7                 98.6

No Response                             2                                  1.4                 100.0

 

 

Table 3
 In your opinion, what should be the primary functions of the SWA?

Functions                                            Count                          Percent             

Functioning as an advocate for
women’s athletics                               128                              88.3
Gender Equity                                    116                              80.0
Serving as a Role Model                     109                              75.2
Mentoring                                             85                              58.6
Strategic Planning                                 72                              49.2
Personnel Evaluation and
Recruitment                                          69                              47.6
Budget                                                              58                              40.0
Marketing of women’s athletics           48                              33.1    
Fundraising for women’s athletics        36                              24.8
Other                                                     30                              20.7
Facilities Development                         24                              16.6
SAAC Supervision                               21                              14.5
Compliance Issues                                13                                9.0
Game Management                               11                                7.6
Sport Supervision                                    5                                3.4
Academic Advising                                4                                2.8

(Respondent was asked to check all that apply.)

References

Acosta, R.V. & Carpenter, L.J. (2002). Women in intercollegiate sport: a longitudinal study—twenty five year update 1977-2002.

Claussen, C.L. & Lehr, C. (2002). Decision making authority of Senior Woman Administrators, International Journal of Sport Management, 3(3), 215-228.

Copeland, J. (2005, August 15). Association takes steps to improve understanding of ‘SWA’. NCAA News, 42(17), A3-A4, Retrieved May 10, 2009, from http://www.ncaa.org/wps/ncaa?key=/ncaa/ncaa/ncaa+news/ncaa+news+online/2005/association-wide/association+takes+steps+to+improve+understanding+of+_swa_+-+8-15-05+ncaa+news

Gill-Fisher, P. (1998). SWA position needs planning and support. The NCAA News. Indianapolis, IN. Retrieved from http://www.ncaa.org/news/1998/19980316/comment.html#1
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2016-10-20T14:25:43-05:00October 5th, 2009|Contemporary Sports Issues, Sports Coaching, Sports Management, Sports Studies and Sports Psychology, Women and Sports|Comments Off on The Perceived Role of Senior Women Administrators in NCAA Division I Institutions

Identifying and Assessing the Elements of Intentional Infliction of Emotional Distress in Sport

Introduction

Horror stories of outlandish behavior by coaches in the sport milieu: many have heard the stories, to one extent or another. Many have personally dealt with the accompanying emotions of dread, humiliation, discrimination, and fear that coaches have imposed during practices and games. Many have suffered immeasurably while helplessly watching their child endure torment at the hands of an abusive coach or coaches. Many have asked the same questions: What can be done? What good can possibly come from garnishing discussion with the coach, athletic director or administrator? Will the ordeal continue with new vigor because the problem was brought out into the open? Parents often struggle with these types of questions, wavering in a sea of indecision, wishing for easy solutions to unfortunate situations. And so the questions remain: what can be done; are there potential solutions; and where can one seek advice?

Assuming that the parties involved have exhausted all possible common sense remedies such as speaking directly with the coach and/or the administration, the logical next step would be to turn to tort law within the legal system. A tort is defined in The American Heritage Dictionary of the English Language (1982) as “a wrongful act, damage, or injury done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought” (p. 1280). According to the Free Online Law Dictionary (2009) a tort has three elements that a plaintiff must ascertain in court. First, it must be established that the defendant be under a legal duty to act in a certain way. Second, it must be shown that the defendant breached this duty by failing to match his or her actions accordingly. Third, it must be shown that the plaintiff suffered injury or loss as a direct result of the defendant’s breach.

The difficulty faced by courts considering sport related tort cases in regards to coaching behaviors is to distinguish an exact point where coaches have crossed the line. Because the alleged abuse is emotionally centered, it is difficult to discern emotional abuse from coaching tactics used to motivate athletes to perform at higher levels. Tort law that specifically targets this type of behavior is intentional infliction of emotional distress (IIED).

IIED is a tort claim that focuses on intentional conduct resulting in extreme emotional distress which causes a mental reaction such as anguish, grief, or fright in response to another person’s actions that brings about recoverable damages. According to Personal Injury Law (2009), to successfully prove a claim for IIED, one must establish four elements: the defendant acted intentionally or recklessly; the defendant’s conduct was extreme and outrageous; the defendant’s act is the cause of the distress; and the plaintiff suffers severe emotional distress as a result of the defendant’s conduct. Unfortunately, these four elements consist of ambiguous wording including such terms as reckless, extreme, outrageous, and severe that attempt to describe defendant actions. Elusive terms such as these have helped to create a confused tort that means “entirely different things to different judges” (Russell, 2008) resulting in wide-ranging court decisions and ones that are difficult to win.

Purpose

The purpose of this paper is to identify and assess the elements of intentional infliction of emotional distress (IIED) and discover legal precedent. An attempt will be made to uncover potential solutions, if any are to be found, that can be employed when confronted with the unfortunate events that surround IIED within the sport environment.

Significance

Understanding the elements of intentional infliction of emotional distress will benefit athletic directors, coaches, athletes, parents, spectators, team owners, commissioners, and others associated with sport. It is essential to appreciate the legal aspects of sport because unique situational variables will inevitably arise in the sport milieu. Garnishing an appreciation of past legal precedent can benefit those suffering from the anguish created by IIED. Recognizing potential solutions can be a comfort to those directly and indirectly involved.

Review of Literature

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress (IIED) is a tort that was created to address the threat of emotional harm that results in extreme emotional distress. IIED is also referred to as the tort of “outrage” because the defendant’s conduct is so extreme that it produces the response “outrageous!” from an average member of the community (Rapp, 2008). Outrageous behavior must be conduct that is atrocious and beyond the standards of a civilized society.

To characterize conduct that is “extreme and outrageous” and consequently meet the second element of IIED, one must determine what types of conduct would go beyond all reasonable bounds of human decency. The Legal Aid Society of San Francisco (2009) notes that “outrageous conduct does not include annoyances, hurt feelings, insults, rough language, or bad manners that a reasonable person is expected to endure.” This statement begins to provide advice to those suffering emotional distress at different levels; the law is not intended to handle frivolous claims. Although the emotional distress may not seem frivolous to those involved, the courts take a look at the severity of the distress including the intensity and duration to meet the fourth element of IIED. Severe or extreme levels of emotional distress must be long lasting and of the nature that no reasonable person is expected to endure. Severe or extreme levels may consist of highly distasteful emotions such as fright, grief, shame, humiliation, embarrassment, anger, or worry. Behavior that breaks criminal law would automatically meet the “extreme and outrageous” standard.

The first element of IIED points to the intentionality of the infliction of emotional distress. To meet this element, the defendant must conduct behavior that is pre-meditated and intended to cause harm rather than simply demonstrate mean-spirited actions. Ultimately the courts have the final say as to what is “extreme and outrageous” since case law has not provided an exact definition. The LSU Law Center’s Medical and Public Health Law Site (2009) points out that Missouri courts have stressed in Viehweg v. Tanny that a defendant’s conduct must be “more than malicious and intentional…and liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions.” It then stands to reason if the first element is established as a result of the defendant’s intentional conduct, then the third element (the defendant’s act is the cause of the distress) is also established.

Ambiguity

The ambiguity of the tort of outrage may open a window of doubt by giving a person enough skepticism to wonder whether the legal system can provide relief. Michael P. Ehline, Personal Injury Attorney (2009) provides a vivid example in his video clip that may give a bit more insight into what exactly is an “outrageous” situation. His example describes a circumstance where a person can claim IIED. If an individual’s child is attacked and killed in front of them by a person with ax, then claiming IIED is appropriate. This illustration gives us a graphic example of what type of heinous behavior would constitute as an utterly intolerable action in a civilized society. Other examples would include watching a child die in an accident from a distance or receiving a letter from someone falsely claiming that a parent, child, sibling, or spouse had died. These examples are ones in which the emotional distress is a reaction to some type of gruesome event or a horrible incident occurring in a violent situation. These examples help to put the tort of IIED into perspective. The majority of emotional distress that many have endured is not compensable.

Gap-filler

Over the years, the tort of IIED has become a “gap-filler” according to the Texas Supreme Court (Intentional Torts, 2009). The gap-filler’s purpose is to supplement other forms of recovery by providing an answer for barbaric conduct that might otherwise go unresolved. In other words, IIED is to be claimed only when more established tort doctrines are not applicable and the intentional harm is so severe that the plaintiff has no other means to rectify the situation. Thus IIED is a “gap-filler” as it can never overlap another tort.

Accepting that IIED is often characterized as a “gap-filler” and used very rarely only whenever the emotional distress is so extreme and outrageous, it makes one question if this tort can be of any help at all when it comes to dealing with abusive coaches in the sport milieu. As noted earlier in the case of Viehweg v. Tanny, IIED liability does not include mere insults, indignities, threats, annoyances, or petty oppressions. Also previously noted is the fact that outrageous conduct does not include hurt feelings, rough language, or bad manners that a reasonable person is expected to endure. Because the legal system is designed to address wide-ranging, ambiguous situational behaviors, one may never know if their own personal circumstances are behaviors that a reasonable person is expected to endure, unless the case is taken to the courts. The conduct endured may turn out to be extreme or outrageous in the eyes of a jury.

“Outrageous” Cases

It is pertinent to discover court cases that have dealt with claims of outrageous behavior to gain a better understanding of legal precedent. One case described by Simon (2009) recently met the definition of “outrageous” when a claim for IIED concerned an employee that was abused at work. In the case of Rothwell v. Nine Miles School District, the plaintiff, employed as a custodian, was ordered to clean up the mess of a suicide victim of whom she knew personally. Prior to cleaning up the mess, which included gruesome remains of the deceased, Rothwell was ordered to go through classrooms to look for bombs. At the suicide scene, she had found a book bag of which she began to open the contents until the police told her to stop. A little later, she watched the bomb squad detonate a bomb that was found in that same book bag and learned that there was another bomb also detonated at the football field. Rothwell became sick from post traumatic stress disorder (PTSD) and won her case due to emotional distress that was intentionally inflicted as a result of the District and Superintendant’s actions.

In a recent sports related case, a Kentucky high school head football coach, David Stinson, has been indicted on the charge of reckless homicide for the death of one of his players. On August 20, 2008, 15 year old Max Gilpin collapsed at practice from heat stroke and died three days later (FindLaw, 2009). Allegations were made in the case that the coaching staff denied the players water breaks on a day with a heat index of 94 degrees. Truman (2009) stresses in his blog that coaches “use denying water as punishment and somehow they feel the kids need to tough it out” and feels that this type of behavior is “inexcusable recklessness.” Even though the case was criminal in nature, one can imagine the emotional distress the athletes endured on that extremely hot day. Not to mention the distress of watching their teammate collapse and eventually die from heat stroke. If the coach punished the athletes by denying them water on a hot day, one can only imagine other kinds of emotionally distressing tactics that may have been put into practice with the team. In this case, the coach was caught utilizing these kinds of tactics through the untimely death of Max Gilpin.

A recent, well-publicized sport case between Major League Baseball pitcher Roger Clemens and his former trainer Brian McNamee actually did involve an IIED claim. Clemens claimed that McNamee fabricated the pitcher’s steroid abuse in an account that appeared in Senate Majority Leader George Mitchell’s 409 page report on the illegal use of steroids and other performance enhancing drugs. Clemens alleges that the untruths spoken by McNamee caused him severe emotional distress. Rapp (2008) suggests that there is one thing that McNamee did that might successfully make one claim the response of “outrageous!” Rapp avows that McNamee “kept dirty bandages, and Roger’s bodily fluids, in sealed bags for years, just in case he might need them later.” This type of behavior is, admittedly, highly unusual and disturbing. So much so that one can see the logic in making an IIED claim in this sport case.

These three lawsuits, the Rothwell, Gilpin, and Clemens cases, are three examples where one can easily see behaviors that were extreme and outrageous. A large amount of litigation that center on IIED claims contains elements that are more ambiguous in nature and are difficult to prove. Taking a look at successful and a bit vague IIED court cases, although not sport related, will provide a deeper understanding of legal precedent.

Successful ambiguous cases

Litigation victories for cases claiming IIED are not abundant especially in the sport venue. IIED claims that have awarded large sums of money for emotional distress establish precedent and provide background knowledge for future, potential litigation. The following two cases are extremely different, yet both show aspects of emotional distress that was severe and invasive.

The first case involves a civil suit brought forth by the plaintiffs regarding outrageous behavior of their next door neighbor. The case, Efros, et al., v. Giles, awarded the plaintiffs $350,000 for their claim of IIED. Giles was already criminally charged with aggravated stalking, malicious destruction of property, and malicious annoyance by writing (Verdicts & Settlements, 2008). Police discovered Giles to be the source behind the anonymous graphically suggestive and threatening letters directed toward the plaintiffs and also the vandalism of their home where Giles had thrown rotting fruit, eggs, D-cell batteries and feces. He also smeared feces on the automobiles in their driveway. For this behavior, the plaintiffs won their IIED claim as they stated they have been forever changed by Giles’ behavior which caused their severe and continual emotional distress. This case does show extreme criminal actions of which the defendant was sentenced two to five years in prison; however, it also shows that individuals can lean on the legal system when dealing with extreme and outrageous behavior of this sort.

The second civil court case finds a former high school teacher awarded a monetary amount for her IIED claim. Janis Adams alleged that administrators did not take proper action when an underground student newspaper made crude assertions about her (Walsh, 2002). The newspaper included articles written about Adams as a porno star and made vulgar references about the teacher and members of her family. Ms. Adams claimed that although preliminary disciplinary action was taken up with some of the students involved, school administrators did nothing to stop the distribution of the newspapers on campus. As a result, she was subjected to a severe, outrageous, and offensive work environment, which the administrators failed to remedy. Ms. Adams was awarded $1.1 million for lost earnings and $3.25 million for the IIED claim – totaling an award of $4.35 million.

Both of these unique cases show that it is possible to receive monetary damages for the intentional infliction of emotional distress. Although each case dealt with extremely different issues, together they show that individuals in society are not expected to deal with such outlandish behavior that causes emotional distress.

“Something more”

After a thorough review of legal precedent, one can begin to compare the emotional distress that is occurring within their individual sport milieu to determine the next step to assuage the problematic situation. If it is determined that the behavior of the one in charge (typically the coach) is bringing forth harmful consequences, then one is encouraged to seek legal counsel and sue for damages under the tort of IIED. However, if it is determined that the behavior is simply not bizarre enough to claim outrage in a civilized society, then court costs may not be worth incurring litigation.

Determining that legal recourse is not a viable option and assuming that the coach’s behavior is not going to change because all efforts have led down a windy path to nowhere, there must be “something more” that one can do to handle an oppressive situation. Each scenario will be different than the next and that “something more” solution will vary from case to case. Simply stated, there are no easy answers. It all boils down to making a determination as to what one can and cannot control.

Summary and Conclusions

Restatement of the Purpose

The intent of this paper is to identify and assess the elements of intentional infliction of emotional distress (IIED) and discover legal precedent. An attempt will be made to uncover potential solutions that can be employed when confronted with the unfortunate events that surround IIED within the sport environment.

Summary

The tort of intentional infliction of emotional distress is designed to bring about recoverable damages for those who have suffered from mental anguish, grief, or fright in response to another person’s actions. The elements required to prove an IIED claim include ambiguous terminology that have resulted in wide-ranging court decisions. IIED, also designated as the tort of outrage, must include conduct that goes beyond all reasonable bounds of human decency. Because case law has not provided an exact definition of outrageous behavior, the courts must decide if the behaviors are severe enough to win an IIED claim. In review of successful case law, the wins demonstrate that individuals in a civilized society should not have to deal with emotionally distressing, outrageous behaviors. On the other hand, drawing the line between “extreme and outrageous” emotionally distressing behaviors and finding potential solutions outside the legal environment is not an easy matter.

Conclusions and Potential Solutions

When dealing with emotionally distressing coaching behaviors, an individual should review legal precedent and seek legal counsel if the behavior is deemed as severe and outrageous. Already formulating that one cannot control the coach, there are two potential solutions if legal action is not a viable option: to quit and do something else or to find a way to deal with the abusive situation. Choosing to remain on the team and deal with an unfortunate situation is not easy. It has already been determined that to make an IIED claim, outrageous conduct does not include mere insults, indignities, threats, annoyances, and petty oppressions. A coach that utilizes tactics such as these is truly not worth the accompanying mental anguish, yet many individuals love the sport so intensely that they cannot dream of quitting. If this is the case, one must turn to positive psychology to find a way to handle emotional distress that will inevitably be encountered.

Individuals may not be able to control the coach, but they can control personal reactions to bad coaching behaviors. Athletes (and often their parents) need to develop a mental strategy to cope with emotionally distressing situations. There are two strategies that can be employed to develop a personal mental plan. The two tactics are: 1) determining psychological type for self-understanding, development, and problem solving; and 2) utilizing cognitive strategies by accepting the importance of positive expectations and implementing positive self-talk.

The first part of the mental strategy is to determine psychological type by taking the Myers-Briggs Type Indicator (MBTI). The MBTI is a self-report questionnaire designed to provide feedback to enhance an understanding of personal self, motivations, natural strengths, and potential areas for growth (Myers, 1998). The MBTI, based on Carl Jung’s theory of personality and further developed by the mother/daughter team of Myers and Briggs, provides an individual with one of sixteen personality preference scales. Each of the sixteen types consist of a four letter personality preference code which can help an athlete understand the following: the way one prefers to focus their attention and energy; the way one prefers to take in information; the way an individual prefers to make decisions; and how one orients themselves to the external world. With this information, athletes can learn more about themselves. The type code allows an athlete to see their characteristics, view how others may see them, and identify areas of potential growth. In a perfect world, it would be nice to know the personality type of the coach or coaches to gain a better understanding of the characteristics frequently associated with his or her type. Even without this information, one can study the sixteen types and attempt to match characteristics of the coach with a particular type. Empowered with this information, athletes can better understand themselves and in the process begin to understand others around them – specifically to recognize and attempt to understand the coach’s behavior. Having this type of insight won’t completely take away the emotional distress factor, but it might soften the edges of the hurtful words or behaviors.

The second part of the mental strategy is concerned with cognitively appreciating the importance of positive expectations and utilizing positive self-talk. To prove the essence of positive expectations, Waitley (1978), conducted interviews with “winners” from various fields of endeavor. He then grouped the characteristics of the “winners” into categories of five “attitude qualities” which include positive self-expectancy, self-image, self-control, self-esteem, and self-awareness. These five “attitude qualities” are found within the self-talk of winners – no matter what circumstances come their way. With practice, athletes can internalize all five positive attitudes, which in turn affect positive expectations of self. To restate once again, athletes may not be able to control their coaches, but they can control their own state of mind when dealing with bad behaviors by incorporating cognitive strategies. In emphasis, Singer (1980) claims that implementing a cognitive (or mental) strategy can favorably affect one’s emotions, such as reduce anxiety, focus attention, maintain concentration, and cope with stress.

Concluding Statements

The tort of intentional infliction of emotional distress (IIED), otherwise known as the tort of outrage, is a viable legal option. Although the tort is not set up to handle frivolous claims, it is frustrating that the majority of emotional distress is not compensable. To be subjected to bad coaching behaviors with very little opportunity for recourse is extremely maddening to all involved. Is one supposed to chalk up the negative experience as a good life lesson – teaching the principle that “life’s not fair?” Is one supposed to simply deal with bad behaviors until something drastic happens like the untimely death of Max Gilpin? Other than the legal option of claiming IIED for extreme and outrageous activities, there are only two other viable solutions: to quit the sport and attempt to move on; or dig down deep into the trenches and develop a mental strategy in an effort to maintain sanity. Regrettably, either option is heartbreaking when one is submersed in a very unfortunate situation.

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2013-11-25T19:35:53-06:00October 5th, 2009|Contemporary Sports Issues, Sports Management, Sports Studies and Sports Psychology|Comments Off on Identifying and Assessing the Elements of Intentional Infliction of Emotional Distress in Sport
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